by Richard D. Lieberman, Consultant | Sep 28, 2022 | Uncategorized
When an agency agrees to take corrective action in response to a protest, and re-evaluates offerors, does this constitute discussions? The Government Accountability Office (“GAO”) gives a definitive “no” unless certain conditions are met. Quality Technology, Inc. ...
by Richard D. Lieberman, Consultant | Sep 21, 2022 | Uncategorized
A recent dispute involving three separate claims resulted in the Court of Federal Claims noting that “[w]hereas clauses are not contractual; they are recitations laying out the background understandings of the parties.” THR Enterprises, Inc., v. United States, No....
by Richard D. Lieberman, Consultant | Sep 14, 2022 | Uncategorized
Meaningful resolution of any bid protest, whether at the Court of Federal Claims or the Government Accountability Office (“GAO”), is always dependent on the procurement agency’s production of an adequate record. Seaward Services, Inc., B-420580, June 12, 2022 is an...
by Richard D. Lieberman, Consultant | Sep 7, 2022 | Uncategorized
The fifth amendment to the U.S. Constitution states that “[no person] shall be compelled in any criminal case to be a witness against himself…” The Supreme Court has stated that “the rule against drawing adverse inferences from a defendant’s silence in criminal...
by Richard D. Lieberman, Consultant | Aug 31, 2022 | Uncategorized
In a recent size appeal filed at the Small Business Administration Office of Hearings and Appeals (“OHA”), the Office made it clear that a vaguely worded email that does not explicitly state it is a protest and ask for specific relief, will not be considered to be a...
